Tribunal Decisions on Confidentiality and Transparency
If the parties do not agree on the scope of confidentiality or transparency and the proceedings are not subject to specific provisions, the parties may request that the Tribunal decide the issue. Such decision could be issued under the provisions concerning provisional measures (Article 47 of the ICSID Convention and Arbitration Rule 39), or pursuant to the inherent powers of a Tribunal to decide any question that is not covered by the Additional Facility Arbitration Rules (Article 44 of the Convention and Arbitration Rule 19).